1 20.aba.873.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (ABA) NO.873 OF 2024 Mohd. Jaheer Abdul Kadir Khan .vs. State of Maharashtra, through PSO PS Mouda, Nagpur Gramin _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr Gurpreetsingh Chandok, Advocate for the applicant Ms H. N. Prabhu, APP for the non-applicant/State CORAM : G.A. SANAP J. DATE : JANUARY 10, 2025 Heard. 2. This is an application for anticipatory bail by the applicant, who apprehends arrest in the crime bearing No. 1266 of 2024, registered at Mouda police station, Nagpur Gramin for the offences punishable under Section 318(4), 316(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. Learned Advocate for the applicant submitted that 90 kg chickpeas, alleged to have been stolen or misappropriated, have been recovered from the accused/ applicant. His arrest for custodial interrogation is not necessary. The ad-interim anticipatory bail was granted to him by the trial Court and during that period he extended the fullest cooperation to the investigating officer. The 2025:BHC-NAG:266 2 20.aba.873.2024.odt learned Advocate took me through the reply filed by the investigating officer and pointed out that the chickpeas weighing 90 Kg were found less in the truck. It is submitted that it has been recovered. The applicant is ready to extend the fullest cooperation to the investigating officer. As far as the investigation against the co-accused is concerned, the anticipatory bail granted to him may not prejudice the prosecution. 4. Learned APP submitted that as far as the vehicle driven by the accused/applicant is concerned, 90 kg chickpeas were found less. The 90 kg chickpeas have been recovered at the instance of the applicant. Learned APP submitted that as far as the co-accused are concerned, the investigation is in progress. Learned APP therefore submitted that no case has been made out for granting anticipatory bail. 5. I have gone through the record and proceeding. The crime was registered on the report of Kunal Naresh Agrawal. He is the proprietor of Sonu Agro Industries Dal Mill. He had booked the chickpeas from Madhya Pradesh. One Dilip is the proprietor of Laxmi Roadways, R/o. Teegaon, Pandhurna, Madhya Pradesh. The chickpeas were transported through four trucks. When the truck came to his industry, on examination, he found 3 20.aba.873.2024.odt that 1 ton of chickpeas from each vehicle was either stolen or misappropriated. 6. On the basis of this report, the investigation has been carried out. The police, during the course of investigation, as against the applicant/accused, found that from his vehicle 90 kg chickpeas were removed. The accused/applicant, during the course of investigation, handed over the bags of chickpeas weighing 90 kg. Learned judge has rejected the anticipatory bail on the ground that the remaining accused are yet to be arrested. The chickpeas have not been recovered, which were stolen from other vehicles. In my view, on this ground, the protection from arrest cannot be denied to this applicant/ accused. As far as the applicant is concerned, recovery has already been made. In view of this, his arrest may not be necessary. In my view, subject to appropriate conditions he can be released on anticipatory bail. Hence, the following order- i] The Criminal application is allowed. ii] In the event of arrest of the applicant- Mohammad Jaheer Abdul Kadir Khan, in connection with Crime No.1266/2024 registered with Police station Mouda, Nagpur Gramin for the offences punishable 4 20.aba.873.2024.odt under Section 318(4), 316(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, the applicant shall be released on bail on furnishing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety in the like amount. ii] The applicant shall not, in any way, tamper with the prosecution evidence. iii] The applicant shall not pressurize or threaten the prosecution witnesses. iv] The applicant shall attend the concerned police station on every Saturday between 7:00 p.m. and 9:00 p.m. v] The applicant shall co-operate the investigating officer. 7. The criminal application stands disposed of, accordingly. (G. A. SANAP, J) Namrata